Press Announcement: World Privacy Forum files comments to DHS regarding the Border Crossing Information System; Some proposed routine uses of the system directly contravene the Privacy Act of 1974

Border Crossing Information System, DHS — The World Privacy Forum submitted public comments today to the Department of Homeland Security regarding its proposed Border Crossing Information System. The BCI system would set up a database of all border crossings via car, rail, air and other means, including collecting identifiable data on the activities of American citizens. Information collected includes biographical and other information such as name, date of birth, gender, a photograph, itinerary information, and the time and location of the border crossing. The WPF comments focus entirely on the proposed Routine Uses of the system. As currently written, the DHS proposal contains some Routine Uses that directly contravene the Privacy Act of 1974 and are illegal. Other Routine Uses are overbroad and vague, and still others contravene guidance from the Office of Management and Budget (OMB). One example of an overbroad Routine Use is Routine Use J, which will allow DHS to release data collected for the Border Crossing Information System for hiring decisions or contract awards. This information may be requested by Federal, state, local, tribal, foreign, or international agencies. Another Routine Use, G, impermissibly duplicates and weakens the Privacy Act’s condition of requirement for notice when information is disclosed in certain circumstances.

This new WPF report finds that medical identity theft is still a crime that causes great harms to its victims, and that it is growing overall in the United States; however, there’s a catch. The national consumer complaint data suggests that the crime is growing at different rates in different states and regions of the US, creating medical identity theft “hotspots.” These hotspots are important for patients, policymakers, and healthcare stakeholders to know about so as to address potential risks.

WPF has conducted original research on India's Aadhaar, a national biometric ID system, including field research in India during 2010-2014. WPF has published the original research in a peer-reviewed journal, Nature-Springer, and in Harvard-based Journal of Technology Science. The research found that systemic challenges to data protection and privacy exist in the Aadhaar system, challenges which do have potential remedies. Key lessons can be learned for both the US and the EU as biometric systems grow in popularity.